Md. Code, Business Regulation, Title 8

Md. Code, Business Regulation, Title 8
in effect

Md. Code, Business Regulation § 8-101

(a) In this title the following words have the meanings indicated. (b) “Commission” means the Maryland Home Improvement Commission. (c) “Contractor” means a person, other than an employee of an owner, who performs or offers or agrees to perform a home improvement for an owner. (d) “Contractor license” means a license issued by the Commission to act as a contractor. (e) “Fund” means the Home Improvement Guaranty Fund. (f) “Hearing board” means a home improvement hearing board appointed by the Commission under § 8-313 of this title. (g) (1) “Home improvement” means: (i) the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or (ii) an improvement to land adjacent to the building. (2) “Home improvement” includes: (i) construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall–out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; (ii) a shore erosion control project, as defined under § 8–1001 of the Natural Resources Article, for a residential property; (iii) connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; (iv) installation, in the building or structure, of an awning, fire alarm, or storm window; and (v) work done on individual condominium units. (3) “Home improvement” does not include: (i) construction of a new home; (ii) work done to comply with a guarantee of completion for a new building project; (iii) connection, installation, or replacement of an appliance to existing exposed plumbing lines that requires alteration of the plumbing lines; (iv) sale of materials, if the seller does not arrange to perform or does not perform directly or indirectly any work in connection with the installation or application of the materials; (v) work done on apartment buildings that contain four or more single–family units; or (vi) work done on the commonly owned areas of condominiums. (h) “Home improvement contract” means an oral or written agreement between a contractor and owner for the contractor to perform a home improvement. (i) (1) “License” means, except where it refers to a license other than one issued under this title, a license issued by the Commission. (2) “License” includes: (i) a contractor license; and (ii) a salesperson license. (j) “Licensed contractor” means a person who is licensed by the Commission to act as a contractor. (k) “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement. (l) “Salesperson” means a person who sells a home improvement. (m) “Salesperson license” means a license issued by the Commission to sell a home improvement. (n) “Sell a home improvement” means: (1) to negotiate or offer to negotiate a home improvement contract with an owner; or (2) to seek to get a home improvement contract from an owner. (o) “Subcontractor” means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with: (1) a contractor to perform all or part of a home improvement contract; or (2) another subcontractor to perform all or part of a subcontract to a home improvement contract.

Md. Code, Business Regulation § 8-102

(a) This title does not apply to a transaction of: (1) the United States or an instrumentality of the United States; or (2) a state or an instrumentality or political subdivision of a state. (b) A county or municipal corporation of the State may not: (1) require a person to get authorization to do business performing or selling a home improvement; or (2) regulate the qualifications necessary to do that business. (c) This title does not limit the power of a county or municipal corporation: (1) to regulate the character, performance, or quality of a home improvement by having a system of inspections and permits designed to: (i) ensure compliance with and help to enforce applicable State and local building laws; or (ii) enforce other laws necessary to protect the public health and safety; or (2) to adopt a system of inspections and permits that requires: (i) submission to and approval by the county or municipal corporation of plans and specifications for an installation, before construction of the installation begins; and (ii) inspection of work done.

Md. Code, Business Regulation § 8-202

(a) (1) The Commission consists of 9 members, appointed by the Governor with the advice of the Secretary. (2) Of the 9 members of the Commission: (i) 3 shall have experience in some phase of the business of home improvement; (ii) at least 1 shall have experience in the business of banking or finance; (iii) 4 shall be consumer members; and (iv) 1 shall have experience in some phase of the business of home improvement or shall be a consumer member. (b) Each member of the Commission shall have been a citizen and resident of the State for at least 5 years before appointment. (c) Each consumer member of the Commission: (1) shall be a member of the general public; (2) may not be a licensee or otherwise be subject to regulation by the Commission; (3) may not be required to meet the qualifications for the professional members of the Commission; and (4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission. (d) While a member of the Commission, a consumer member may not: (1) have a financial interest in or receive compensation from a person regulated by the Commission; or (2) grade any examination given by or for the Commission. (e) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution. (f) (1) The term of a member is 4 years and begins on July 1. (2) The terms of members are staggered as required by the terms in effect for members of the Commission on October 1, 1992. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (g) (1) The Governor may remove a member for incompetence or misconduct. (2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, the Governor shall remove a member if the member did not attend at least two–thirds of the Commission meetings held during the prior year while the member was serving on the Commission. (3) The Governor may allow a member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public. (4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

Md. Code, Business Regulation § 8-204

(a) (1) (i) Subject to subparagraph (ii) of this paragraph, a majority of the members then serving on the Commission is a quorum. (ii) A quorum may not be fewer than 4 members. (2) The Commission may not act unless at least a majority of the members then serving concur. (b) (1) The Commission shall meet at least once every 2 months. (2) The Commission may hold meetings at the times and places in the State that it determines. (c) On or before December 1 of each year, the Commission shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, regarding: (1) the attendance record of each Commission meeting, disaggregated by the constituency that the attendee represents pursuant to the attendee’s appointment under § 8–202(a)(2) of this subtitle; and (2) how many claims were pending as of the date of each meeting. (d) Each member of the Commission is entitled to: (1) compensation in accordance with the State budget; and (2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (e) The Commission shall have its office in Baltimore City.

Md. Code, Business Regulation § 8-205

(a) (1) The Secretary shall appoint an executive director of the Commission. (2) The executive director serves at the pleasure of the Secretary. (b) The executive director shall devote full time to the duties of office. (c) The executive director is entitled to: (1) compensation in accordance with the State budget; and (2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (d) While employed as executive director, the executive director shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article. (e) The executive director shall: (1) administer and operate the office of the Commission; (2) be responsible to the Secretary; (3) keep the official records of the Commission; and (4) keep the seal of the Commission.

Md. Code, Business Regulation § 8-206

(a) (1) The executive director may employ a staff in accordance with the State budget. (2) Except as otherwise provided by law, the staff is in the skilled service or professional service, with the exception of special appointments, in the State Personnel Management System. (b) The executive director shall employ an investigative staff in accordance with the State budget. (c) The executive director may contract with an expert, subject to the State budget, if the services of an expert are required in a particular case. (d) Investigative staff and contractual experts shall investigate only complaints about home improvement.

Md. Code, Business Regulation § 8-207

(a) The Commission may adopt and enforce regulations to carry out this title. (b) (1) The executive director shall: (i) compile and keep in the office of the Commission a set of current regulations adopted under this title; and (ii) make a copy of the regulations for anyone who asks for one. (2) The Commission may set a fee to cover the cost of making and mailing a copy of the current regulations.

Md. Code, Business Regulation § 8-208

(a) The Commission shall administer and enforce this title. (b) (1) If the Commission concludes that continuing conduct of a person alleged to be in violation of this title will result in irreparable or substantial harm to any other person, the Commission may sue for: (i) injunctive relief against the conduct; (ii) an order for satisfactory completion of a home improvement contract; or (iii) restitution. (2) If the Commission sues for injunctive relief under this subsection against a person who is not licensed under this title, the Commission need not: (i) post bond; or (ii) show that no adequate remedy at law exists. (3) A suit under this section shall be brought in the circuit court for the county where: (i) the alleged violation occurs; or (ii) the principal place of business of the alleged violator is located. (c) An administrative hearing and adjudication by the Commission is not a prerequisite to prosecution of a person under § 8-601 of this title.

Md. Code, Business Regulation § 8-209

(a) The Commission shall keep available for public inspection during office hours a record of: (1) all licenses issued under this title; (2) all expirations, revocations, and suspensions of those licenses; and (3) all contractors represented by each salesperson who holds a license under this title. (b) The Commission shall collect a fee of $1 per page for each copy of a document in the Commission office.

Md. Code, Business Regulation § 8-210

On request of any person and payment of a fee set by the Commission, the Commission shall certify the licensing status of a person that is the subject of the request.

Md. Code, Business Regulation § 8-211

Each month the Commission shall give the building and permits department and the office of consumer affairs of each county a current list of all licensees and may provide other information relevant to this title.

Md. Code, Business Regulation § 8-212

(a) The Commission at any time may require of an applicant or licensee: (1) information reasonably related to the administration or enforcement of this title; and (2) the production of financial records. (b) The Commission shall have a seal.

Md. Code, Business Regulation § 8-213

(a) (1) The Commission may set by regulation reasonable fees for the Commission’s services. (2) The fees charged shall be: (i) set so as to produce funds to approximate the cost of maintaining the Commission; and (ii) based on the calculations performed by the Secretary under § 2–106.10 of this article. (b) The Commission shall publish a schedule of fees set by the Commission. (c) Except as otherwise provided by law, the Commission shall pay all fees collected under this title to the Comptroller. (d) The Comptroller shall distribute the fees to the Maryland Home Improvement Commission Special Fund established in § 2–106.9 of this article.

Md. Code, Business Regulation § 8-215

The Commission shall publish on its Web site consumer education materials that specify the protections available to consumers through the Commission, including the availability of compensation from the Guaranty Fund.

Md. Code, Business Regulation § 8-216

The Commission shall develop a searchable Web site that includes a listing of licensed contractors and information relating to any final disciplinary action taken by the Commission against a licensee in each licensee’s profile.

Md. Code, Business Regulation § 8-301

(a) Except as otherwise provided in this title, a person must have a contractor license whenever the person acts as a contractor in the State. (b) Except as otherwise provided in this title, a person must have a salesperson license or contractor license whenever the person sells a home improvement in the State. (c) This section does not apply to: (1) an individual who works for a contractor for a salary or wages but who is not a salesperson for the contractor; (2) a clerical employee, retail clerk, or other employee of a licensed contractor who is not a salesperson, as to a transaction on the premises of the licensed contractor; (3) a solicitor for a contractor who calls an owner by telephone only; (4) an architect, electrician, plumber, heating, ventilation, air–conditioning, or refrigeration contractor, or other person who: (i) is required by State or local law to meet standards of competency or experience before engaging in an occupation or profession; (ii) currently is licensed in that occupation or profession under State or local law; and (iii) is: 1. acting only within the scope of that occupation or profession; or 2. installing a central heating or air–conditioning system; (5) a security systems technician licensed under Title 18 of the Business Occupations and Professions Article; (6) a marine contractor licensed under Title 17, Subtitle 3 of the Environment Article; or (7) a person who is selling a home improvement to be performed by a person described in item (4) of this subsection.

Md. Code, Business Regulation § 8-302

(a) An applicant for a contractor’s or salesperson’s license must pass the examination prior to submitting an application for a license. (b) An applicant may receive a license only if the applicant passes the examination that the Commission requires. (c) (1) To take an examination, an applicant shall pay to the Commission or a testing service chosen by the Commission the examination fee set by the Commission to cover the cost of the examination. (2) The examination fee is nonrefundable. (d) (1) The Commission shall schedule the applicant for an examination to be held within 45 days after the Commission receives an application for examination. (2) The examination shall be held at a location: (i) that is within the general geographic area where the applicant resides, if the applicant resides in the State; or (ii) that the Commission determines, if the applicant resides out of State. (e) The Commission shall give each qualified applicant notice of the time and place of examination. (f) (1) Except as otherwise provided in this section, the Commission shall determine the subjects, scope, and form of and the passing score for examinations. (2) The examination shall test: (i) the applicant’s knowledge of the law about home improvement; and (ii) the applicant’s competency to engage in the licensed occupation. (3) The competency part of the examination may be oral or written. (g) (1) The Commission may use a testing service to administer the examinations given under this section. (2) If the Commission uses a testing service under this subsection, the testing service, subject to the requirements set by the Commission, may: (i) set the time and place of examinations; (ii) give qualified applicants notice of the time and place of examinations; and (iii) furnish any other information that the Commission may require the testing service to provide. (h) Within 30 days after the first meeting of the Commission after an examination date, the Commission shall notify an applicant in writing of the examination score of the applicant.

Md. Code, Business Regulation § 8-302.1

§8–302.1. (a) An applicant for a contractor license shall maintain general liability insurance in the amount of at least $500,000. (b) A licensed contractor shall maintain general liability insurance in the amount of at least $500,000.

Md. Code, Business Regulation § 8-302.2

§8–302.2. An applicant for a contractor license shall have: (1) at least 2 years of trade experience that is satisfactory to the Commission, under regulations adopted by the Commission; or (2) comparable educational training to be determined by regulations adopted by the Commission.

Md. Code, Business Regulation § 8-303

(a) An applicant for a license shall: (1) submit to the Commission an application on the form that the Commission provides; (2) submit to the Commission with the license application proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the applicant is applying for a contractor license; (3) pay into the Fund the fee required under § 8–404(a) of this title, if the applicant is applying for a contractor license; and (4) pay to the Commission an application fee set by the Commission. (b) In addition to any other information required on an application form, the form shall require: (1) for an individual applicant, the name and address of the applicant; (2) for a corporate applicant, the name and address of each officer; (3) for a partnership applicant, the name and address of each partner; (4) for a joint venture applicant, the name and address of each party to the joint venture; (5) if the applicant acts as a contractor through a corporation or limited partnership, the name and address of the resident agent of the corporation or limited partnership in the State; (6) if the applicant is applying for a contractor license, a complete description of the nature of the contracting business of the applicant; (7) if the applicant is applying for a salesperson license, a complete description of the duties of the applicant; (8) a record of the applicant’s experience in the field of home improvement or other construction work, including dates when and addresses where the applicant has resided and done business; (9) if the applicant provides lead paint abatement services, the Department of the Environment lead paint abatement accreditation number and accreditation expiration date; (10) whether the applicant has ever held a professional or vocational license in this or any other state; and (11) whether the applicant has had a professional or vocational license denied, suspended, or revoked. (c) To evaluate the qualifications of an applicant for a license, the Commission may ask the applicant for: (1) information about the applicant’s character, experience, and financial stability; and (2) any other information that the Commission needs. (d) If the applicant is applying for a contractor license, the applicant shall: (1) have submitted to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or (2) have paid to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission. (e) Financial information that an applicant submits to the Commission: (1) is confidential and is not a public record; but (2) if relevant, is admissible as evidence in an administrative or judicial proceeding. (f) An applicant that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the application fee set by the Commission.

Md. Code, Business Regulation § 8-305

(a) Within 30 days after the first meeting of the Commission after submission of a completed application, the Commission shall notify an applicant in writing: (1) whether the application for a license is approved or denied; and (2) of the reasons for denial, if the application is denied. (b) (1) If the application is denied, the applicant, within 10 days after the notice of denial is mailed, may request a hearing. (2) The hearing shall be held in accordance with § 8-312 of this subtitle within 30 days after the date that the Commission receives the request. (3) The Commission shall make a decision within a reasonable time, but not later than 60 days after the hearing.

Md. Code, Business Regulation § 8-306

(a) The Commission shall issue a license to each applicant who meets the requirements of this subtitle. (b) The Commission: (1) may issue a salesperson license only to an individual; and (2) may not issue a salesperson license unless the Commission has received from a licensed contractor written notice, signed by both the licensed contractor and salesperson, of an employment or other contractual relationship between the licensed contractor and salesperson. (c) Except as otherwise provided in subsection (d) of this section, the Commission may not issue a license to an applicant for a contractor license or salesperson license who has been convicted of violating § 8–601 of this title. (d) The Commission may issue a contractor license or salesperson license to an applicant who has been convicted of violating § 8–601 of this title if: (1) the Commission determines that the applicant has settled all outstanding obligations; and (2) 1 year has passed since the date of conviction. (e) The Commission may not issue a contractor license to an applicant unless the applicant has submitted to the Commission proof of compliance with the insurance requirement of § 8-302.1 of this subtitle.

Md. Code, Business Regulation § 8-307

(a) A contractor license authorizes the licensee to act as a contractor or subcontractor and to sell a home improvement. (b) A salesperson license authorizes the licensee to sell a home improvement. (c) A license issued under this subtitle does not authorize the licensee to engage in a business or provide a service that may be engaged in or provided only by a person licensed under other State or local law.

Md. Code, Business Regulation § 8-308

(a) The Secretary may stagger the terms of licenses. (b) Unless a license is renewed for a 2–year term as provided in this section, the license expires: (1) if the Secretary staggers the terms of licenses, on the date that the Secretary sets; or (2) if the Secretary does not stagger the terms of licenses, on the first June 30 that comes after the effective date of the license in an odd–numbered year. (c) (1) At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee: (i) a renewal application form; and (ii) a notice that states: 1. the date on which the current license expires; and 2. the amount of the renewal fee. (2) If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable. (d) (1) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee: (i) otherwise is entitled to be licensed; (ii) submits to the Commission a renewal application on the form that the Commission provides; (iii) submits to the Commission proof of compliance with the insurance requirement of § 8–302.1 of this subtitle, if the licensee is renewing a contractor license; (iv) submits to the Commission the Department of the Environment lead paint abatement accreditation number and accreditation expiration date, if the licensee provides lead paint abatement services; and (v) pays to the Commission a renewal fee set by the Commission. (2) A licensee that is incorporated or has its principal office in another state shall pay to the Commission the fee imposed in that state on a similar nonresident business if that fee is higher than the renewal fee set by the Commission. (e) For renewal of a contractor license, the licensee shall: (1) submit to the Commission, by a credit reporting agency approved by the Commission, a credit report that contains the information required by the Commission; or (2) pay to the Commission or the Commission’s designee a credit report fee in an amount not to exceed the cost charged by a credit reporting agency approved by the Commission to obtain a credit report that contains the information required by the Commission for renewal of a contractor license. (f) (1) The Commission shall renew the license of each licensee who meets the requirements of this section. (2) The Commission may not renew a contractor license unless the contractor submits proof of compliance with the insurance requirement of § 8–302.1 of this subtitle. (g) A licensed contractor shall give the Commission notice of the cancellation of insurance required under § 8–302.1 of this subtitle at least 10 days before the effective date of the cancellation.

Md. Code, Business Regulation § 8-308.1

§8–308.1. (a) The Commission shall place the license of a licensee on inactive status, and issue an inactive status certificate to the licensee, if the licensee: (1) submits to the Commission an application for inactive status on the form that the Commission provides; (2) pays to the Commission an inactive status application fee set by the Commission; (3) except for the liability insurance requirement of § 8–302.1 of this subtitle, qualifies for an active license; and (4) returns the license of the licensee to the Commission. (b) (1) The holder of a contractor license that is on inactive status may not act as a contractor in the State. (2) The holder of a salesperson license that is on inactive status may not sell a home improvement in the State. (c) (1) The holder of a contractor license that is on inactive status is not required to meet the liability insurance requirement of § 8–302.1 of this subtitle. (2) The holder of a contractor license that is on inactive status is not subject to an assessment for the Fund under § 8–404(b) of this title. (d) The placement of a license on inactive status does not affect the power of the Commission to suspend or revoke the license or to take any other disciplinary action against the licensee. (e) (1) A licensee whose license is on inactive status remains responsible for renewing the license as required under § 8–308 of this subtitle. (2) The holder of a contractor license that is on inactive status may renew the license without complying with the liability insurance requirement of § 8–302.1 of this subtitle. (3) A licensee whose license is on inactive status shall pay to the Commission a renewal fee set by the Commission. (f) The Commission shall reactivate the license of a licensee that is on inactive status and reissue the license to the licensee, if the licensee: (1) submits to the Commission an application for reactivation on the form that the Commission provides; (2) pays to the Commission a reissuance fee set by the Commission; and (3) meets the requirements for a license, including, in the case of a contractor, the liability insurance requirement under § 8–302.1 of this subtitle.

Md. Code, Business Regulation § 8-310

(a) A salesperson may not represent more than 2 contractors at a time. (b) Before an individual becomes a salesperson for a contractor, the individual shall tell: (1) that contractor the name of each other contractor for whom the individual currently is a salesperson; and (2) each contractor for whom the individual currently is a salesperson the name of the contractor for whom the individual plans to become a salesperson. (c) When an individual ceases to be a salesperson for a contractor, the contractor shall give the Commission written notice of the cessation.

Md. Code, Business Regulation § 8-311

(a) Subject to the hearing provisions of § 8–312 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or the management personnel of the applicant or licensee: (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person; (2) fraudulently or deceptively uses a license; (3) fails to give the Commission information required by this subtitle about an application for a license; (4) fails to pass an examination required by this subtitle; (5) under the laws of the United States or of any state, is convicted of a: (i) felony; or (ii) misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to engage in home improvement services; (6) often fails to perform home improvement contracts; (7) falsifies an account; (8) engages in fraud; (9) as a contractor fails to show financial solvency, based on the intended scope and size of the business in relation to total assets, liabilities, credit rating, and net worth; (10) as a contractor lacks competence, as shown by the performance of an unworkmanlike, inadequate, or incomplete home improvement; (11) violates this title; (12) attempts to violate this title; (13) violates a regulation adopted under this title; or (14) in the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of the Natural Resources Article, fails to comply with: (i) the terms of a State or local permit, license, or approval issued for home improvement; or (ii) any State or local law, an approved plan, or other legal requirement. (b) Subject to the hearing provisions of § 8–312 of this subtitle, the Commission may reprimand a contractor or suspend or revoke the license of a contractor for a violation of this title by an agent, director, employee, manager, officer, partner, or salesperson of the contractor, unless the Commission finds that the contractor or management personnel of the contractor: (1) had no knowledge of the wrongful conduct; or (2) could not prevent the violation. (c) Instead of or in addition to reprimanding a licensee or suspending or revoking a license, the Commission may impose a civil penalty under § 8-620 of this title. (d) The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(5) of this section: (1) the nature of the crime; (2) the relationship of the crime to the activities authorized by the license; (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home improvement services; (4) the length of time since the conviction; and (5) the behavior and activities of the applicant or licensee before and after the conviction.

Md. Code, Business Regulation § 8-312

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Commission takes any final action under § 8–311 of this subtitle, or if requested under § 8–620(c) of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 8–313 of this subtitle, a hearing board. (b) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) The Commission may administer oaths in a proceeding under this section. (d) The hearing notice to be given to the person shall be sent at least 10 days before the hearing by certified mail to the business address of the licensee on record with the Commission. (e) (1) For purposes of this subsection, the State is divided into: (i) the region that includes Allegany, Carroll, Frederick, Garrett, and Washington counties; (ii) the region that includes Anne Arundel, Calvert, Charles, and St. Mary’s counties; (iii) the region that includes Baltimore City and Baltimore and Howard counties; (iv) the region that includes Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties; and (v) the region that includes Montgomery and Prince George’s counties. (2) The Commission shall set the time and place of the hearing but shall hold the hearing in the appropriate region to accommodate the needs of: (i) disabled witnesses; (ii) indigent witnesses; or (iii) a majority of witnesses. (f) The person may be represented at the hearing by counsel. (g) In connection with a proceeding under this section, the Commission may: (1) issue subpoenas for the attendance of witnesses to testify or to produce evidence; and (2) take testimony in the same manner and with the same fees and compensation for mileage as provided in civil cases in the State. (h) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.

Md. Code, Business Regulation § 8-313

(a) With the approval of the Secretary, the Commission may appoint a home improvement hearing board. (b) (1) A hearing board shall consist of at least 3 members of the Commission. (2) Of the members of the hearing board: (i) at least 1 shall have experience in some phase of the business of home improvement; and (ii) at least 1 shall be a consumer member of the Commission. (c) The Commission shall appoint a chairman from among the members of the hearing board. (d) The Commission may refer to a hearing board a charge, claim, complaint, or license application made by the Commission or by any person under this subtitle. (e) Each procedure applicable to a hearing before the Commission is applicable to a hearing before the hearing board. (f) (1) A decision of the hearing board shall be: (i) by a majority vote of the entire membership of the hearing board; (ii) in writing; and (iii) submitted to the Commission. (2) Unless, within 15 days after the hearing board submits its decision to the Commission, the Commission or a member of the Commission finds that a full hearing by the Commission is required: (i) the decision of the hearing board is final; (ii) the decision is a final decision of the Commission; and (iii) a party who is aggrieved by the decision may take an appeal as provided in § 8-314 of this subtitle.

Md. Code, Business Regulation § 8-314

A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Md. Code, Business Regulation § 8-315

(a) Except as otherwise provided in subsection (b) of this section, a contractor may not pay or otherwise compensate another person for performing or selling a home improvement unless: (1) the person to be paid or compensated is licensed; (2) the person to be paid or compensated is not subject to the licensing requirements of this title; or (3) the transaction for which the consideration is to be paid is not subject to this title. (b) After the expiration, suspension, or revocation of a license, a person: (1) is not relieved of outstanding obligations; and (2) may complete and be paid under a home improvement contract that is made but not performed on the date of the expiration, suspension, or revocation.

Md. Code, Business Regulation § 8-316

(a) A person may not reapply for a license within 6 months after the person has had a license: (1) denied after a hearing; or (2) revoked. (b) The Commission may reinstate the license of a person whose license has been suspended or revoked under this subtitle only if the person passes the examination that the Commission requires.

Md. Code, Business Regulation § 8-401

In this subtitle, “actual loss” means the costs of restoration, repair, replacement, or completion that arise from an unworkmanlike, inadequate, or incomplete home improvement.

Md. Code, Business Regulation § 8-402

This subtitle does not: (1) limit the authority of the Commission to take disciplinary action against a licensee under Subtitle 3 of this title; (2) limit the availability of other remedies to a claimant; or (3) require a claimant to exhaust administrative remedies before the Commission before bringing an action in court.

Md. Code, Business Regulation § 8-403

(a) The Commission shall: (1) establish a Home Improvement Guaranty Fund; (2) keep the Fund at a level of at least $1,000,000; and (3) submit a report detailing actions being taken to restore the balance of the Fund to a sustainable level to the Senate Committee on Education, Energy, and the Environment and the House Economic Matters Committee within 30 days of projecting that the Fund balance will be less than $1,000,000. (b) (1) Except as otherwise provided by law, the Commission shall deposit all money collected to the credit of the Fund with the State Treasurer for placement in a special account. (2) (i) The Commission shall establish and maintain within the Fund a separate account to be held with the State Treasurer for the payment of necessary expenses for expert witnesses used to resolve claims against the Fund. (ii) One–half of the money collected under § 8–620(c) of this title shall be credited to the account established in subparagraph (i) of this paragraph. (iii) One–half of the money collected under § 8–620(c) of this title shall be credited to the General Fund of the State. (3) (i) The State Treasurer shall invest the money in the Fund in the same way that money in the State Retirement and Pension System is invested. (ii) Investment earnings shall be credited to the Fund. (c) The Commission shall administer the Fund in accordance with this subtitle.

Md. Code, Business Regulation § 8-404

(a) Before the Commission issues a contractor license, the contractor shall pay a fee of $100 to be credited to the Fund. (b) (1) If the Commission finds that, because of pending claims, the amount of the Fund may fall below $1,000,000, the Commission shall assess each contractor a fee of $50. (2) However, under this subsection the Commission may not assess a contractor more than $150 in a calendar year. (c) If a contractor fails to pay an assessment within 60 days after notice of the assessment, the contractor license is suspended until the assessment is paid.

Md. Code, Business Regulation § 8-405

(a) Subject to this subtitle, an owner may recover compensation from the Fund for an actual loss that results from an act or omission by a licensed contractor or a violation of § 8–607(4) of this title as found by the Commission or a court of competent jurisdiction. (b) For purposes of recovery from the Fund, the act or omission of a licensed contractor includes the act or omission of a subcontractor, salesperson, or employee of the licensed contractor, whether or not an express agency relationship exists. (c) A claimant shall comply with a written agreement to submit a dispute to arbitration before seeking recovery from the Fund. (d) The Commission may deny a claim if the Commission finds that the claimant unreasonably rejected good faith efforts by the contractor to resolve the claim. (e) The Commission may not award from the Fund: (1) more than $30,000 to one claimant for acts or omissions of one contractor; (2) more than $250,000 to all claimants for acts or omissions of one contractor unless, after the Commission has paid out $250,000 on account of acts or omissions of the contractor, the contractor reimburses $250,000 to the Fund; (3) an amount for attorney fees, consequential damages, court costs, interest, personal injury damages, or punitive damages; (4) an amount as a result of a default judgment in court; or (5) an amount in excess of the amount paid by or on behalf of the claimant to the contractor against whom the claim is filed. (f) (1) A claim against the Fund based on the act or omission of a particular contractor may not be made by: (i) a spouse or other immediate relative of the contractor; (ii) an employee, officer, or partner of the contractor; or (iii) an immediate relative of an employee, officer, or partner of the contractor. (2) An owner may make a claim against the Fund only if the owner: (i) resides in the home as to which the claim is made; or (ii) does not own more than three residences or dwelling places. (g) A claim shall be brought against the Fund within 3 years after the claimant discovered or, by use of ordinary diligence, should have discovered the loss or damage.

Md. Code, Business Regulation § 8-406

To begin a proceeding to recover from the Fund, a claimant shall submit to the Commission a claim, under oath, that states: (1) the amount claimed based on the actual loss; (2) the facts giving rise to the claim; (3) any other evidence that supports the claim; and (4) any other information that the Commission requires.

Md. Code, Business Regulation § 8-407

(a) The procedures for notice, hearings, and judicial review that apply to proceedings under Subtitle 3 of this title also apply to proceedings to recover from the Fund. (b) On receipt of a claim, the Commission shall: (1) send a copy of the claim to the contractor alleged to be responsible for the actual loss; and (2) require a written response to the claim within 10 days. (c) (1) The Commission: (i) shall review the claim and any response to it; and (ii) may investigate the claim. (2) On the basis of its review and any investigation, the Commission may: (i) set the matter for a hearing; (ii) dismiss the claim, if the claim is frivolous, legally insufficient, or made in bad faith; or (iii) issue a proposed order to pay all or part of the claim or deny the claim if the total claim against a particular contractor does not exceed $7,500. (d) (1) The Commission shall send the proposed order to the claimant and the contractor, at the most recent address on record with the Commission, by: (i) personal delivery; or (ii) both regular mail and certified mail, return receipt requested. (2) Within 21 days after service, receipt, or attempted delivery of the proposed order, the claimant or contractor may submit to the Commission: (i) a written request for a hearing before the Commission; or (ii) a written exception to the proposed order. (3) If the claimant or contractor submits a timely exception to the proposed order, the Commission may: (i) issue a revised proposed order; (ii) set a hearing on the claim; or (iii) dismiss the claim. (4) Unless the claimant or contractor submits a timely request for a hearing or a timely exception, the proposed order is final. (e) (1) At a hearing on a claim, the claimant has the burden of proof. (2) If a subcontractor or salesperson is necessary to adjudicate a claim fairly, the Commission shall issue a subpoena for that person to appear at the hearing.

Md. Code, Business Regulation § 8-408

(a) (1) The Commission may join a proceeding on a claim against the Fund with a disciplinary proceeding against a licensed contractor under Subtitle 3 of this title, if the disciplinary hearing is based on the same facts alleged in the claim. (2) In a consolidated proceeding, the claimant is a party and may participate in the hearing to the extent necessary to establish the claim. (b) (1) Notwithstanding § 8-402(2) of this subtitle, a claimant may not concurrently submit a claim to recover from the Fund and bring an action in a court of competent jurisdiction against a contractor based on the same facts alleged in the claim. (2) If the claimant brings an action in a court of competent jurisdiction based on the same facts alleged in a pending claim, the Commission shall stay its proceedings on the claim until there is a final judgment and all rights to appeal are exhausted. (3) (i) To the extent that a final judgment or final award in arbitration is decided in favor of the claimant, the Commission shall approve the claim against the Fund. (ii) If a final judgment or final award in arbitration is decided in favor of the defendant, the Commission shall dismiss the claim against the Fund.

Md. Code, Business Regulation § 8-409

(a) The Commission may order payment of a claim against the Fund only if: (1) the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or (2) the claimant provides the Commission with a certified copy of a final judgment of a court of competent jurisdiction or a final award in arbitration, with all rights of appeal exhausted, in which the court or arbitrator: (i) expressly has found on the merits that the claimant is entitled to recover under § 8–405(a) of this subtitle; and (ii) has found the value of the actual loss. (b) (1) Except as otherwise provided in this subsection, the Commission shall pay approved claims in the order submitted. (2) If approved claims submitted to the Commission against a contractor exceed $250,000 less the amount of unreimbursed claim payments previously made for the contractor, the Commission may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims. (3) After the Fund is reimbursed, the Commission shall pay unsatisfied approved claims. (c) If there is not enough money in the Fund to pay an approved claim wholly or partly, the Commission shall pay the unpaid claim: (1) when enough money is deposited in the Fund; and (2) in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Commission.

Md. Code, Business Regulation § 8-410

(a) (1) After the Commission pays a claim from the Fund: (i) the Commission is subrogated to all rights of the claimant in the claim up to the amount paid; (ii) the claimant shall assign to the Commission all rights of the claimant in the claim up to the amount paid; and (iii) the Commission has a right to reimbursement of the Fund by the contractor who the Commission finds responsible for the act or omission giving rise to the claim for: 1. the amount paid from the Fund; and 2. interest on that amount at an annual rate of at least 10%, as set by the Commission. (2) All money that the Commission recovers on a claim shall be deposited in the Fund. (b) If, within 60 days after the Commission gives notice, a contractor on whose account a claim was paid does not reimburse the Fund in full, the Commission may sue the contractor in a court of competent jurisdiction for the unreimbursed amount. (c) The Commission is entitled to a judgment for the unreimbursed amount if the Commission proves that: (1) a claim was paid from the Fund on account of the contractor; (2) the contractor has not reimbursed the Fund in full; (3) the contractor was given notice and an opportunity to participate in a hearing on the claim before the Commission; and (4) (i) the Commission directed payment based on a final judgment of a court of competent jurisdiction or a final award in arbitration; or (ii) the decision or order of the Commission is final in accordance with Title 10, Subtitle 2 of the State Government Article and there is no pending appeal. (d) The Commission may refer to the Central Collection Unit for collection under §§ 13–912 through 13–919 of the Tax – General Article a debt owed to the Commission by a contractor on whose account a claim was paid from the Fund and who is at least 1 year behind in reimbursement payments to the Fund. (e) For the purpose of excepting to a discharge of a contractor under federal bankruptcy law, the Commission is a creditor of the contractor for the amount paid from the Fund. (f) (1) (i) If a person liable for reimbursing the Guaranty Fund under this section receives a demand for reimbursement and fails to reimburse the Fund, the reimbursement amount and any accrued interest or cost are a lien in favor of the State on any real property of the person if the lien is recorded and indexed as provided in this subsection. (ii) Interest shall continue at the rate of interest on a judgment as provided in § 11–107(a) of the Courts Article until the full amount due the Fund is paid. (2) The lien in favor of the State created by this subsection may not attach to specific property until the State Central Collection Unit records written notice of the lien in the office of the clerk of the court for the county in which the property subject to the lien or any part of the property is located. (3) The lien in favor of the State created by this subsection does not have priority as to any specific property over any person who is a lienholder of record at the time the notice required under paragraph (2) of this subsection is recorded. (4) The notice required under paragraph (2) of this subsection shall contain: (i) the name and address of the person against whose property the lien exists; (ii) the amount of the lien; (iii) a description of or reference to the property subject to the lien; and (iv) the date the Guaranty Fund paid the claim giving rise to the lien. (5) Upon presentation of a release of any lien in favor of the State created by this subsection, the clerk of the court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released. (6) The notice required under paragraph (2) of this subsection and any release filed under paragraph (5) of this subsection shall be indexed with the judgment lien records maintained by the office of the clerk of the court where the notice is recorded. (7) The clerk may collect a reasonable fee for recording and indexing each notice of lien or release of any lien under this subsection.

Md. Code, Business Regulation § 8-411

(a) Except as provided in subsection (b) of this section, if the Commission pays a claim against the Fund based on an act or omission of a contractor, the Commission may suspend the contractor license until the contractor reimburses the Fund in full for: (1) the amount paid from the Fund; and (2) interest on that amount at an annual rate of at least 10%, as set by the Commission. (b) The Commission may not suspend the contractor license if the Commission finds that the contractor or management personnel of the contractor: (1) did not know of the wrongful conduct; or (2) could not prevent the violation. (c) Reimbursement of the Fund in full by a contractor, by itself, does not nullify or modify the effect of a disciplinary proceeding against a licensee.

Md. Code, Business Regulation § 8-501

(a) A home improvement contract that does not comply with this section is not invalid merely because of noncompliance. (b) Each home improvement contract shall: (1) be in writing and legible; (2) describe clearly each document that it incorporates; and (3) be signed by each party to the home improvement contract. (c) (1) In addition to any other matters on which the parties lawfully agree, each home improvement contract shall contain: (i) the name, address, telephone number, and license number of the contractor; (ii) the name and license number of each salesperson who solicited the home improvement contract or sold the home improvement; (iii) the approximate dates when the performance of the home improvement will begin and when it will be substantially completed; (iv) a description of the home improvement to be performed and the materials to be used; (v) the agreed consideration; (vi) the number of monthly payments and the amount of each payment, including any finance charge; (vii) a description of any collateral security for the obligation of the owner under the home improvement contract; (viii) a notice that gives the telephone number and Web site of the Commission and states that: 1. each contractor must be licensed by the Commission; and 2. anyone may ask the Commission about a contractor; and (ix) a notice set by the Commission by regulation that: 1. specifies the protections available to consumers through the Commission; and 2. advises the consumer of the right to purchase a performance bond for additional protection against loss. (2) If payment for work performed under the home improvement contract will be secured by an interest in residential real estate, a written notice in not smaller than 10 point bold type that is on the first page of the contract shall state in substantially the following form: “This contract creates a mortgage or lien against your property to secure payment and may cause a loss of your property if you fail to pay the amount agreed upon. You have the right to consult an attorney. You have the right to rescind this contract within 3 business days after the date you sign it by notifying the contractor in writing that you are rescinding the contract.” (3) The notice under paragraph (2) of this subsection shall be independently initialed by the homeowner. (d) Before the performance of a home improvement begins, the owner shall be given a copy of the home improvement contract signed by the contractor. (e) A salesperson or other agent or employee of a contractor may not make a change in a home improvement contract for an owner. (f) (1) Except as provided in paragraph (2) of this subsection, a home improvement contract for the installation of a solar energy generating system on the roof of a building shall include the installation of a barrier that meets industry standards to prevent wildlife intrusion and damage to the solar energy generating system or the underlying roof. (2) A home improvement contract for the installation of a solar energy generating system on the roof of a building is not required to include the installation of a barrier as specified under paragraph (1) of this subsection if the customer has waived the installation of the barrier after being informed of the cost of the barrier and the risks of not installing a wildlife barrier.

Md. Code, Business Regulation § 8-502

(a) A salesperson may not: (1) represent concurrently more than 1 contractor in selling a home improvement; (2) use a home improvement contract form that does not disclose the name of the contractor; or (3) choose a contractor for an owner. (b) For selling a home improvement, a salesperson shall: (1) accept compensation only from the contractor that the salesperson represents in the sale; and (2) pay compensation only for that contractor.

Md. Code, Business Regulation § 8-503

(a) As an inducement to make a home improvement contract, a person may not promise or offer to pay to an owner any compensation or reward for obtaining or placing home improvement business with others. (b) A contractor or salesperson may not offer, give, or pay to an owner a gift, bonus award, merchandise, trading stamps, or cash loan as an inducement to make a home improvement contract. (c) To advertise or to promote sales, a contractor or salesperson may give to a prospective customer a tangible item if: (1) the cost to the contractor or salesperson does not exceed $25; (2) the gift is not contingent on making a home improvement contract; and (3) the customer does not receive more than 1 item for 1 transaction.

Md. Code, Business Regulation § 8-504

Except for a permit for a home improvement to be performed by a property owner, the building and permits department of a county or a municipal corporation may not issue a permit for a home improvement unless the permit includes the license number of a licensed contractor.

Md. Code, Business Regulation § 8-505

(a) In this section, “building code” includes a code that deals with mechanical, electrical, fire, plumbing, energy, heating, ventilation, or air conditioning matters. (b) A county or municipal corporation shall notify the Commission of each contractor who fails to correct a violation of the applicable local or State building code within a reasonable time after the contractor receives notice of the violation.

Md. Code, Business Regulation § 8-506

(a) In this section, “critical area” has the meaning designated under § 8–1802 of the Natural Resources Article. (b) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, as established under Title 8, Subtitle 18 of the Natural Resources Article, shall notify the Commission of any contractor who, in the critical area, fails to comply with: (1) the terms of a State or local permit, license, or approval issued for home improvement; or (2) any State or local law, approved plan, or other legal requirement.

Md. Code, Business Regulation § 8-601

(a) Except as otherwise provided in this title, a person may not act or offer to act as a contractor in the State unless the person has a contractor license. (b) Except as otherwise provided in this title, a person may not sell or offer to sell a home improvement in the State unless the person has a contractor license or salesperson license. (c) A person who violates this section is guilty of a misdemeanor and, on first conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both and, on a second or subsequent conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

Md. Code, Business Regulation § 8-602

(a) A person may not accept a completion certificate or other proof that performance of a home improvement contract is complete or satisfactorily concluded with knowledge that the document or proof is false and the performance is incomplete. (b) If a person knows or has good reason to know that a completion certificate or other proof is false, the person may not utter, offer, or use the document or proof to: (1) make or accept an assignment or negotiation of the right to receive payment from an owner under a home improvement contract; or (2) get or grant credit or a loan on the security of the right to receive payment under a home improvement contract. (c) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.

Md. Code, Business Regulation § 8-605

A contractor may not: (1) abandon or fail to perform, without justification, a home improvement contract; or (2) deviate materially from plans or specifications without the consent of the owner.

Md. Code, Business Regulation § 8-606

A salesperson may not fail to account for or remit to the contractor whom the salesperson represents a payment received in connection with selling a home improvement.

Md. Code, Business Regulation § 8-607

A person may not: (1) make a substantial misrepresentation when obtaining a home improvement contract; (2) make a false promise that is likely to influence, persuade, or induce in connection with a home improvement contract; (3) misrepresent a material fact when applying for a license; or (4) fail to give the written notice required under § 8-501(c)(2) and (3) of this title.

Md. Code, Business Regulation § 8-608

A person may not commit fraud when executing or materially altering a home improvement contract, mortgage, promissory note, or other document incident to performing or selling a home improvement.

Md. Code, Business Regulation § 8-609

A person may not prepare, arrange, accept, or participate in arranging a mortgage, promissory note, or other evidence of debt for performing or selling a home improvement with knowledge that the evidence of debt states a greater monetary obligation than the consideration, including a time sale price, for the home improvement.

Md. Code, Business Regulation § 8-610

(a) A person may not: (1) directly or indirectly publish a false, deceptive, or misleading advertisement about home improvement; or (2) advertise or offer, by any means, to perform a home improvement if the person does not intend to accept a home improvement contract: (i) to do the particular home improvement; or (ii) at the price advertised or offered. (b) An advertisement that is subject to and complies with regulations adopted by the Federal Trade Commission is not false, deceptive, or misleading.

Md. Code, Business Regulation § 8-611

A licensee may not violate: (1) a building law of the State or a political subdivision of the State; (2) a safety or labor law of the State; (3) the Maryland Workers’ Compensation Act; or (4) the lead paint abatement accreditation requirement under § 6–1002 of the Environment Article or any regulation adopted under that section.

Md. Code, Business Regulation § 8-615

A person may not advertise in any way that the person is licensed under this title unless the advertisement states the license number of the person in one of the following forms: “Maryland Home Improvement Commission License No. _____” or “MHIC No. _____”.

Md. Code, Business Regulation § 8-617

(a) A person may not demand or receive any payment for a home improvement before the home improvement contract is signed. (b) A person may not receive a deposit of more than one-third of the home improvement contract price before or at the time of execution of the home improvement contract.

Md. Code, Business Regulation § 8-620

(a) (1) The Commission may impose on a person who violates this title, including § 8–607(4) of this subtitle, a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed under this title. (2) The Commission shall pay any penalty collected under this subsection into the General Fund of the State. (b) In setting the amount of a civil penalty, the Commission shall consider: (1) the seriousness of the violation; (2) the good faith of the violator; (3) any previous violations; (4) the harmful effect of the violation on the complainant, the public, and the business of home improvement; (5) the assets of the violator; and (6) any other relevant factors. (c) (1) The Commission may establish by regulation a schedule of violations and fines to be used for civil citations issued under this title. (2) A citation issued by the Commission shall include: (i) the name and address of the person charged; (ii) the nature of the violation; (iii) the location and time of the violation; (iv) the amount of the fine; (v) the manner, location, and time in which the fine may be paid; (vi) the cited person’s right to a hearing for the violation; and (vii) a warning that failure to pay the fine or to contest liability in a timely manner in accordance with the citation: 1. is an admission of liability; and 2. may result in an entry of a default judgment that may include the fine, court costs, and administrative expenses. (3) The Commission shall retain a copy of the citation. (4) All money collected under this subsection shall be paid in accordance with § 8–403(b) of this title.

Md. Code, Business Regulation § 8-623

(a) This section only applies if there is no greater criminal penalty provided under this title or other applicable law. (b) A person who violates this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

Md. Code, Business Regulation § 8-802

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate on July 1, 2032.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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